2023 Criminal Law, Q9

Macario, a student activist known for his anti-government views, decided to take measures into his own hands and carried out the following activities: 1) he mobilized his barangay and instructed its members on the finer points of mass uprising; 2) he organized the People’s Liberation Organization against Poverty (PLOP) and led a march to Malacañan to air their grievances, chanting subversive words denouncing the lack of action by the government to alleviate their plight; 3) he divided PLOP into groups of four members and ordered them to commit theft, raising over a million pesos to finance their activities; and 4) he posted a threat on his highly popular social media account that he will bomb several malls in Metro Manila, if the government will not give in to his demands of providing temporary cash handouts to the unemployed by the end of the month. The police then arrested Macario and charged him with violation of the Anti-Terrorism Act. Will the charge prosper? Discuss.

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Why will the charge against Macario under the Anti-Terrorism Act of 2020 prosper?

Under Section 5 of Republic Act No. 11479, what acts constitute the crime of threat to commit terrorism?

How does the Anti-Terrorism Act of 2020 distinguish protected political advocacy from unlawful terrorism?

What is the legal effect of Macario social media post threatening to bomb Metro Manila malls?

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Under Republic Act No. 11479, what purpose must accompany a threat of violence to classify it as a terrorist threat?

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1. Threat of Terrorism
Under Section 5 of Republic Act No. 11479, or the Anti-Terrorism Act of 2020, threatening to commit terrorism is a distinct punishable felony. A person commits this offense when he threatens to execute acts that intend to cause death, serious bodily injury, or extensive destruction to public or private places, with the purpose of intimidating the public, creating an atmosphere of fear, or coercing the government. Publicly posting a credible threat to bomb commercial malls to force government policy concessions directly satisfies all statutory elements of terrorism threat.

2. Acts of Terrorism
Under Section 4 of Republic Act No. 11479, terrorism is committed by any person who engages in acts intended to cause death, serious bodily injury, or massive destruction to critical infrastructure or public places. To constitute terrorism, the act must be carried out with the intent to provoke or influence the government by intimidation, or to create a state of public emergency. Threatening to detonate explosive devices in crowded shopping malls falls squarely under the statutory definition of terrorist acts.

3. Freedom of Speech
While the Constitution guarantees freedom of speech and the right to peacefully assemble to petition the government for redress of grievances, this protection does not extend to illegal acts or threats of mass violence. Subversive speech denouncing government inaction during a peaceful rally is protected expression. However, threatening to bomb public spaces to extort government cash handouts transcends protected political advocacy and constitutes a punishable terrorist threat under penal statutes.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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